A civil lawsuit is a legal process where one person seeks to hold another liable for some wrongdoing/personal injury. Most often, the defendant will seek financial compensation from the perpetrator as a reimbursement for the harm caused to them.
When it comes to civil litigation cases, you’ll need a lawyer, no matter which side of the fence you’re on. A civil litigation attorney will help you navigate the legal system, provide essential insight, and strategically advance your interests every step of the way. Not to mention, they will also help tackle the piles of paperwork you’re sure to end up with.
But before we get into how a civil lawyer can help, let’s first explore the basics of civil or general litigation in detail.
What is Civil Litigation?
As mentioned, a civil litigation process starts when two or more parties find themselves in a non-criminal legal dispute. Here, the main objective is to seek compensation, financial or otherwise. There’s no sentencing involved.
A litigant may complain about another person/business, requesting the court to either award ‘damages’ (monetary reimbursements) or grant an ‘injunction’ (an order that compels/ prevents the defending party from taking action). Once the case is presented, it’s up to the court to apply laws to facts and arrive at a favorable conclusion.
Generally, civil suits are resolved through Alternative Dispute Resolution (ADR) and settlement negotiations outside the courtroom. However, a general civil litigation attorney may also argue your case before a judge, if required.
Civil litigation cases usually involve:
- Personal injury
- Medical malpractice
- Employment conflicts
- Education law disputes
- Divorce and separation
- Conflicts over intellectual property
Over the years, general civil litigation has become a popular way to resolve private conflicts. According to a report, about 470,581 civil cases were filed in the US district courts in 2020.
What Does a Civil Litigation Attorney Do?
Civil attorneys, also known as dispute resolution lawyers or litigators, represent both plaintiffs and defendants in civil trials. They manage the entire litigation process, from pre-trial formalities to investigations, plea bargains, appeals, and settlement processes.
Civil litigation attorneys kickstart their case assessment by determining if there’s enough evidence to support a lawsuit. Following this, they move on to locating witnesses, taking statements, interviewing the client, and analyzing facts.
Other responsibilities of a civil attorney include:
- Preparing testimonial evidence.
- Handling all correspondence with the oppositions’ lawyers and the court.
- Filing motions, briefs, and other legal documentation.
- Forming a discovery plan and catering to discovery requests from the opposition.
- Hiring expert witnesses to comment upon any technical or medical aspects of the case.
- Engaging in settlement negotiations with the opposition.
In many instances, civil attorneys also serve as legal consultants for clients and advise them on complex topics such as:
- Tax law
- Real estate transactions
- Immigration cases
- Estate planning
Why Hire a Civil Litigation Attorney?
Fighting a civil suit on your own is easier said than done. Unless you’re familiar with legal language and complicated laws, you’ll find it difficult to build a favorable case for yourself.
This is where a civil attorney comes in. Being well-versed in general civil litigation matters, they can protect your interests and help you understand the legal intricacies of your case.
However, the perks of teaming up with a general litigation law firm don’t end there. Here are a few other reasons why you should consider hiring a civil litigation attorney.
A) Civil Law is As Complex as Criminal Law
Although criminal law differs significantly from civil law, they’re both equally complicated. And, while knowing the law is one thing, implementing it is another. To top that, the legal framework is constantly evolving. For these reasons, you’ll need someone who knows the field like the back of their hand.
A lawyer will help you navigate the complexities of civil law with ease. Plus, they know all the ins and outs of civil court proceedings and can guide you through them.
B) It Increases Your Chances of Winning
In civil suits, the standard of evidence is far less strict when compared to criminal proceedings. Simply put, the opposition must be more persuasive than you to win the case. If the other party has lawyered up, it won’t take long for them to invalidate your claims.
However, with a civil litigation attorney, you’ll have a better shot at winning. Thanks to their experience, litigators know to make the best possible case for their clients. They can seek evidence in all the right places and recognize unfair treatment/bias from a jury.
C) They Can Protect Your Interests
Needless to say, your general litigation attorney will always have your best interests in mind. You can count on your counsel to defend your rights, represent your wishes, and fight for you.
Lawyers are well aware of important legal protocols and deadlines. They also have access to the witnesses and experts you’ll need in your corner.
Additionally, a civil litigation attorney will ensure that everything runs smoothly throughout the trial. And, if something goes wrong, they’ll jump right in to diffuse the situation as quickly as possible.
D) Hassle-Free Legal Documentation
Any civil lawsuit is paperwork galore. If you’re unfamiliar with convoluted legal language, you may find it difficult to stay on top of important documentation. Worse still, a single incorrectly filed record can lead to the entire case getting thrown out.
Fortunately, a lawyer specializing in general civil litigation will attend to all the paperwork on your behalf, keeping expensive mistakes at bay. They’ll also make sure every document is submitted within the stipulated deadlines.
Over to You
Whether you’re involved in a fender bender or a personal injury lawsuit, you should consider hiring a litigator to develop your case. Besides defending your best interests, a seasoned lawyer will strive to ease your mind and help you through a stressful time.
The attorneys at Henriksen & Henriksen have a wealth of experience in negotiating civil lawsuits. If you have a legal issue that does not fit into one category, our attorneys will conduct the necessary research to give you the best possible legal advice. Plus, we’ll take care of the formalities, so you can focus on healing. Feel free to reach out to us for a free consultation today!